Hon Steve Maharey - Social Worker Registration

s 111
Schedule 1

Provisions applying to Social Workers Registration Board


  1. Interpretation
    In this schedule, unless the context otherwise requires,---
    member means a member of the Board
    quorum means the quorum necessary for transacting business provided for in clause 36
    transaction means a matter stated in clause 22(2).

Members' appointments

  1. Criteria for appointment
    1. Members must be appointed by the Minister after consultation with organisations and individuals that, in the Minister's opinion, represent various sectors of the social work profession.
    2. The Minister---
      1. may appoint as a member only a person who, in the Minister's opinion, has appropriate skills and experience to enable the Board to carry out its functions and powers; but
      2. in appointing members, must take all reasonable steps to ensure that the Board will be representative of---
        1. the social work profession (including social workers employed by Government and non-Government organisations); and
        2. advocates for consumers of services provided by social workers; and
        3. social work educators; and
        4. Maori; and
        5. other ethnic groups.

  2. Restrictions on people who may be members
    The following persons are disqualified from being appointed or from holding office as a member:
    1. a person who is under 18 years of age:
    2. a person who is an undischarged bankrupt:
    3. a person who is prohibited from being a member or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, and 385 of the Companies Act 1993:
    4. a person who is subject to a property order made under any of sections 10, 11, 12, 30, and 31 of the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee Board under section 32 of that Act:
    5. a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, and who has not obtained a pardon, or served the sentence, or otherwise suffered the penalty imposed:
    6. a person who is subject to a sentence of imprisonment for an offence punishable by a term of imprisonment of less than 2 years:
    7. a person who has failed to disclose all interests under clause 5(2):
    8. a person who is not a natural person:
    9. a person employed by a department of State responsible for advising the Minister on the Board's performance.

  3. Method of appointment
    1. The Minister appoints a member by sending written notice to the member and a copy to the Board.
    2. The Minister must not send the notice and copy unless clause 5 has been complied with.
    3. Promptly after sending the notice, the Minister must publish a copy in the Gazette.

  4. Members must consent and certify to appointment and disclose interests
    1. A person must not be appointed as a member unless he or she has---
      1. consented in writing to be a member; and
      2. certified that he or she is not disqualified from being a member.
    2. A person must not be appointed as a member unless he or she has first disclosed to the responsible Minister the details of any interest that the person would, if he or she were a member, have to disclose under clauses 22 to 24.

Term of office

  1. Term of office
    1. A member---
      1. takes office from the date stated in the notice of appointment; and
      2. holds office for a term, not exceeding 3 years, stated in the notice; and
      3. is eligible for re-appointment from time to time.
    2. Paragraphs (b) and (c) of subclause (1) are subject to clause 7.

  2. Limit on term
    1. No person may be a member for more than 6 consecutive years.
    2. A member whose term of office has expired or who has resigned from office may continue in office for the purpose of completing any proceedings heard by the Board before the expiry or resignation concerned, whether or not his or her successor has come into office.
    3. Subclause (2) overrides subclause (1).

  3. Position where concurrent office
    A person may hold office as a member concurrently with any other office.

Resignation and removal of members

  1. Resignation
    1. A member may resign from office by sending a written notice to the Minister and a copy to the Board.
    2. Unless the Minister earlier removes the member from office, the notice takes effect on the later of---
      1. the day the Minister receives it:
      2. a day the member states in it for the purpose.

  2. Removal from office
    The Minister may remove a member from office at any time, without compensation, by written notice to the member.

Vacancies in Board's membership

  1. Effect of vacancy in membership
    The functions and powers of the Board are not affected by any vacancy in its membership.

Remuneration

  1. Remuneration of members
    Every member, and every member of any committee, is entitled to be paid, out of the Board's funds,---
    1. remuneration fixed by the Minister, by way of fees or allowances, for the member's services as a member of the Board or committee:
    2. actual and reasonable costs incurred as travelling or other expenses in performing duties as a member of the Board or committee.

Chairperson and deputy chairperson

  1. Election
    1. The Board must elect a member to be its chairperson, and another to be its deputy chairperson, at its first meeting in every year.
    2. The Board must elect a member to be its chairperson, or deputy chairperson, at the next meeting held after the holder of that office is removed, resigns, or ceases to be a member.

  2. Term of office
    The chairperson or deputy chairperson of the Board holds office until---
    1. his or her successor is elected under clause 13(2); or
    2. he or she sooner is removed, resigns, or ceases to be a member.

  3. Removal
    The Board may at any time remove the chairperson or deputy chairperson from office.

  4. Resignation
    The chairperson or deputy chairperson of the Board may resign that office by written notice to the Registrar.

  5. Exercise of chairperson's functions, duties, and powers during vacancy, etc
    During a vacancy in the office of chairperson, or while the chairperson is for any reason unable to perform and exercise the functions, duties, and powers of the chairperson, the deputy chairperson has and may exercise all of the functions, duties, and powers of the chairperson.

Acts not to be called into question

  1. Acts not to be called into question
    1. No person may in any proceedings question any of the following on any of the grounds stated in subclause (2):
      1. the appointment of a person as chairperson, deputy chairperson, or a member:
      2. an act done as chairperson, deputy chairperson, or a member by a person appointed as such:
      3. an act done by the Board while a person is appointed as chairperson, deputy chairperson, or a member.
    2. The grounds are that---
      1. the occasion for the appointment had not arisen or had ceased:
      2. the appointment was defective:
      3. the appointee was not eligible to be appointed.

 

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